INTRODUCTION TO
CYBERCRIME AND
ENVIRONMENTAL LAWS
Presented by: Sean Supat
Chapter 1
INTRODUCTION TO
CYBERCRIME
CYBERCRIME
Crime committed with or through the use of information
and communication technologies, such as radio,
television, cellular phones, computer network: and other
communication devices or application.
Cybercrime is an activity done using
computers and internet.
Cybercrime is any crime that takes
place online or primarily online.
According to PNP Revised Criminal
Investigation Manual of 2011, Cybercrime as
any illegal behavior committed by means of, or in
relation to a computer system or network,
including such crimes as illegal possession,
offering or distributing information by means of a
computer system of network.
According to McQuade (2009), the term
“cybercrime” is sometimes used synonymously
with “technological crime”, “high technology
crime”, “high tech crime”, “internet crime”, “digital
crime”, or “electronic crime”, among other labels
used by people to describe crime committed
with computers or other IT devices.
BASIC PARTS OF A
COMPUTER
1. CASE- protects the
internal components from
damage, dirt and moisture. It
also includes physical ports
for a keyboard, microphone,
monitor, mouse, power supply
and data exchange
2. POWER SOURCE- In
portable devices like
laptops, tablets or
smartphones, the power
source relies on battery
charging. In desktops, it
needs to be plugged in an
electrical outlet.
3. MOTHERBOARD- The main circuit board for
the computer, containing both soldered,
nonremovable components along with
sockets or slots for components that can
be removed. The motherboard holds the CPU,
RAM and ROM chips, etc.
4. PROCESSORS- CPU do the of
thinking computer necessary to run all the
the programs.
“The Brain of the Computer.”
5. MEMORY (ROM and RAM)
6. ACCESORIES
7. COMPUTER SOFTWARE-
series of instructions that
performs particular tasks.
a. Boot sequence instructions- series of
steps taken by computer immediately
upon powering on.
b. Operating Systems- piece of software that
runs user applications and provides
interface to the hardware (Microsoft
c. Windows, Mac, Linux)
Application Software- prepackaged
instructions which includes word
processing, games, file taxes, etc.
REASONS OF THE VULNERABILITY
OF COMPUTERS:
1. Capacity to store data in a relatively small
space.
2. Easy to access
3. Loss of evidence
COMMON MOTIVES OF CYBER CRIMINALS
REVENGE
An attacker may commit a criminal offense
against a company after a perceived injustice against
themselves.
OPPORTUNITY
In the instance of an internal employee, there
may be no initial motivation by the employee to
commit any form of crime against their employer.
However, while undertaking their duties they may
identify a vulnerability in the internal systems
Greed
Greed is a common motivator for the criminal,
whether internal or external to the company. The
potential to enrich their lives at the expense of
others is an enticing option to them, with little to
no concern as to the damage they do to others.
Test of Skill
Some cyber criminals may commit technical
attacks against others as a training exercise to
develop their skills for a more financially lucrative
attack
BUSINESS COMPETITOR
The marketplace can be a very aggressive
environment for businesses, with each placing an
emphasis on developing a strategic advantage. One
way is to steal the competition’s IP through computer
hacking to provide an advantage. Another is to damage
the competitor’s reputation through a technical attack,
leaving existing and potential clients with concerns
about doing business with a company under a technical
Attack
PROFESSIONAL CRIMINAL
The professional criminal’s motivation is seeking
personal financial advantage. The attack is rarely personal
TERRORISM
With the world being connected, the
opportunity exists for persons in remote
locations to target the critical infrastructure of
an entity they wish to cause extreme harm to.
GEOPOLITICS
A state actor is a government agency or
aligned group who conducts cyber activities on
behalf of that government. The motivation may be to
seek the IP of specific industries in foreign countries
to gain a competitive advantage.
Alternatively, they may seek to target the
infrastructure of a hostile company or country to
cause as much damage as possible
THE CONVENTION ON CYBER CRIME DISTINGUISHES
BETWEEN FOUR DIFFERENT TYPES OF OFFENSES
• Offenses against the confidentiality, integrity and availability of
computer data and systems, such as illegal access, illegal
interception, data interference, system interference, and misuse of
device;
• Computer-related offenses, such as computer-related forgery
and computer-related Fraud
• Content-related offenses, such as offenses related to child
pornography; And
• Copyright-related offenses, such as offenses related to
CATEGORIES OF CYBER CRIME
We can categorize cybercrime in two ways.
1. THE COMPUTER AS A TARGET
using a computer to attacks other computer, e.g.
Hacking, virus/worms attacks, Dos attack etc.
2. THE COMPUTER AS A WEAPON
using a computer to commit real world crime e.g. cyber
terrorism, credit card fraud and pornography etc.
GENERAL TYPES OF CYBERCRIME
Financial Crimes- Credit Card
Frauds; Money Laundering
Cyber Pornography-
Pornographic Websites; Online
distribution
Online Gambling- Millions of
website, all hosted on servers
abroad, offer online gambling.
IP Crimes
Software Piracy;
Copyright Infringement;
Trademarks Violation; Theft of
Computer Source Code
Email Spoofing
A spoofed email is one
that appears to originate from
one source but actually has
been sent from another source
Cyber Defamation
This occurs when defamation takes
place with the help of computers and/or
the Internet.
E.g. someone publishes
defamatory matter about another on a
website.
Cyber Stalking
This involves following a
person’s movements across the
Internet by posting
messages(sometimes threatening) on
bulletin boards frequented by the victim,
entering chat- rooms frequented by the
Unauthorized Access
Also known as Hacking. Involves gaining access illegally
to a computer system or network and in some cases making
unauthorized use of this access. Hacking is also the act by which
other forms of cyber- crime (e.g.,fraud, terrorism) are
committed.
Theft
Theft of any information contained in electronic form such
as that stored in computer hard disks, removal storage media,
etc. Can extend to identity theft.
Email Bombing
This refers to sending a large number of emails to the
victim resulting in the victim's email account (in case of an
individual) or mail servers (in case of a company or an email
Salami Attacks
These attacks are often used in committing
financial crime and are based on the idea that
an alteration, so insignificant, would go completely
unnoticed in a single case. E.g. a bank employee
inserts a program, into the bank’s servers, that
deducts a small amount of money (say 5 cents a
month) from the account of every customer. This
unauthorized debt is likely to go unnoticed by an
account holder.
Denial of Service (DNS) Attack
This involves flooding a computer resource
with more requests than it can handle, causing the
resource (e.g. a web server) to crash thereby
denying authorized users the service offered by the
resource. Another variation to a typical denial of
service attack is known as a Distributed Denial
of Service (DDoS) attack wherein the perpetrators
are many and are geographically widespread. It is
Virus/ Worm
VIRUSES are programs that attach themselves to a computer or a file and
then circulate themselves to other files and to other computers on a network. They
usually affect the data on a computer, either by altering or deleting it. WORMS,
unlike viruses do not need the host to attach themselves to. They merely make
functional copies of themselves and do this repeatedly till they eat up all the available
space on a computer’s memory.
Logic Bombs
These are event
dependent programs where
programs kick into action only
when a certain event (known as a
trigger event) occurs. Some viruses
may be termed logic bombs
because they lie dormant
throughout the year and become
active only on a particular date.
Trojan Attacks
An unauthorized program
which functions from inside what
seems to be an authorized
program, thereby concealing
Web Jacking
This occurs when someone
forcefully takes control of a website
(by cracking the password and later
changing it)
Cyber-Terrorism
Hacking designed to cause
terror. Like conventional terrorism, ‘e-
terrorism’ is utilizes hacking to cause
violence against persons or
property, or at least cause enough
harm to generate fear.
WHAT DOES SPAMMING MEAN?
Spamming is the use of electronic messaging
systems like e-mails and other digital delivery
systems and broadcast media to send unwanted bulk
messages indiscriminately.
PHISHING
Is mostly propagated
emai Phishing
via emails
contain
l. links to other
may
that are affected
websites
by malware. or,
they may contain links to
fake
online banking or other
websites
used
attemptto steal private
to obtain
account information.
information such as
sensitive
usernames,
Phishing is the
by disguising
passwords oneselfcard
and credit as
detailsfraudulent
trustworthy entity in an
a
electronic communication.
OBSCENE OR OFFENSIVE CONTENT
One area of Internet pornography that has
been the target of the strongest efforts at
curtailment is child pornography, which is illegal in
most jurisdictions in the world.
ONLINE HARASSMENT
Whereas content may be offensive in a
nonspecific way, harassment directs obscenities and
derogatory comments at specific individuals focusing
for example on gender, race, religion, nationality, sexual
orientation. This often occurs in chat rooms, through
newsgroups, and by sending hate e-mail to interested
parties. Harassment on the internet also includes
revenge porn.
DRUG TRAFFICKING
Darknet markets are used to buy and sell
recreational drugs online. Some drug
traffickers use encrypted messaging tools to
communicate with drug mules.
STALKING DEFINED
The definition for
stalking is when a perpetrator
singles out a specific person
and causes the person
emotional distress and causes
the individual to fear for his or
her life, safety, or safety of
others. A stalker can be a
former boyfriend or girlfriend,
an acquaintance or a stranger.
CYBERSTALKING
Is the use of the Internet or
other electronic means to stalk or
harass an individual, group, or
organization. It may include false
accusations, defamation, slander and
libel. It may also include monitoring,
identity theft, threats, vandalism,
solicitation for sex, or gathering
information that may be used to
threaten, embarrass or harass.
WHO IS A
HACKER?
The term “hacker” has a
variety of definitions. Among computer
professionals, it is applied to someone who
is proficient at software programming,
debugging systems, or identifying
vulnerabilities in a given computer,
software application, or computer
network.
These are valuable skills
for computer
programmers and technicians.
However “hacker” has taken on a
negative meaning among the public and
in the media. Outside the computer
industry, the term is now generally used
to describe a person with these skills
who decides to apply them toward a
damaging or illegal purpose.
TYPES OF HACKERS
WHITE HAT HACKERS
Also known as ethical hackers, strive to operate in
the public’s best interest, rather than to create turmoil.
Many white hat hackers work doing penetration,
hired to attempt to break into the company’s networks
to find and report on security vulnerabilities.
The security firms then help their customers
mitigate security issues before criminal hackers can
exploit them.
Black hat hackers
Intentionally gain unauthorized access to
networks and systems with malicious intent, whether to
steal data, spread malware or profit from
ransomware, vandalize or otherwise damage systems
or for any other reason including gaining notoriety.
Black hat hackers are criminals by definition
because they violate laws against accessing systems
without authorization, but they may also engage in
other illegal activity, including identity theft and
distributed denial-of-service attacks
Gray hat hackers
Fall somewhere between white hat hackers and black
hat hackers. While their motives may be similar to those
of white hat hackers, gray hats are more likely than
white hat hackers to access systems without
authorization; at the same time, they are more likely
than black hat hackers to avoid doing unnecessary
damage to the systems they hack. Although they aren’t
typically- or only-motivated by money, gray hat
hackers nay offer to fix vulnerabilities they have
discovered through their own, unauthorized,
activities rather than using their knowledge to
exploit vulnerabilities for illegal profit.
CYBERSECURITY AND CYBERCRIME
ADVANTAGES OF CYBER SECURITY
The cyber security will defend us from critical
attacks.
1. It helps us to browse the site, website.
2.Internet Security process all the incoming and
outgoing data on your computer.
3. It will defend us from hacks and virus.
4.Application of cyber security used in our PC
needs update every week
CYBER INTELLIGENCE
Cyber Intelligence
can be defined as the
tracking, analyzing, and
countering of digital
security threats. This type
of intelligence is a
mixture of physical
espionage and defense
with modern information
technology.
REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND
THE IMPOSITION OF PENALTIES THEREFOR AND FOR
OTHER PURPOSES
This Act shall be known as the "Cybercrime Prevention
Act of 2012″.
PUNISHABLE ACTS
OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY (CIA) OF
COMPUTER DATA AND SYSTEMS
ACT IMPRISONMENT FINE
1. ILLEGAL ACCESS – (ex. Hacking) Prision Mayor at least P200,000 up to
a maximum
amount commensurate to
the damage incurred or
both
2. ILLEGAL INTERCEPTION – (ex. Illicit If committed at least P500,000 up to
copying of computer program or data files or against critical a maximum
wiretapping to obtain data in a network.) infrastructure: amount commensurate to
Reclusion the damage incurred or
Temporal both
3. DATA INTERFERENCE – the intentional Prision Mayor at least P200,000 up to
or reckless alteration, damaging, a maximum
deletion or deterioration of computer amount commensurate to
data, electronic document, or electronic the damage incurred or
data message, without right, including both
the introduction or transmission of viruses.
PUNISHABLE ACTS
OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY (CIA) OF
COMPUTER DATA AND SYSTEMS
ACT IMPRISONMENT FINE
4. SYSTEM INTERFERENCE – (ex. denial If committed at least P500,000 up to
of service attack or DoS attack) against critical a maximum
infrastructure: amount commensurate to
Reclusion the damage incurred or
Temporal both
5.MISUSE OF DEVICES – committed Prision Mayor at least P200,000 up to
through any of the following acts: a maximum
(i)The use, production, sale, amount commensurate to
procurement, importation, distribution or the damage incurred or
otherwise making available, intentionally and both
without right, of any of the following:
aa.device, including a computer If committed
program, designed or adapted primarily for against critical at least P500,000 up to
the purpose of committing any of the infrastructure: a maximum
offenses under this rule; or Reclusion amount commensurate to
ab.a computer password, access code, Temporal the damage incurred or
or similar data (ii) The possession of an both
item referred to in subparagraphs 5
PUNISHABLE ACTS
OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY (CIA) OF
COMPUTER DATA AND SYSTEMS
ACT IMPRISONMENT FINE
6. CYBERSQUATTING - the acquisition of Prision Mayor at least P200,000 up to
a domain name over the internet in bad a maximum
faith to profit, mislead, destroy reputation, amount commensurate to
and deprive others from registering the the damage incurred or
same. both
PUNISHABLE ACTS
COMPUTER RELATED OFFENSES
ACT IMPRISONMENT FINE
1. COMPUTER RELATED FORGERY
Ex.
a.sending of an email to targets with a
website link for users to click on, which
might either download malware onto the
users’ digital devices.
b.sends users to a malicious website
that is designed to steal users’
credentials (phishing). at least P200,000 up to a
maximum amount
Prision Mayor
commensurate to the
2. COMPUTER RELATED FRAUD- ex. Online damage incurred or both
romance scam
3. COMPUTER-RELATED IDENTITY THEFT –
Ex.
a.Existing account takeover identify
theft (stolen ATM, checks)
b. New account identify theft (FB account,
credit
PUNISHABLE ACTS
CONTENT-RELATED OFFENSES
ACT IMPRISONMENT FINE
1. CYBERSEX - The willful
at least P200,000 up to a
engagement, maintenance, control, or
maximum amount
operation, directly or indirectly, of any Prision Mayor
commensurate to the
lascivious exhibition of sexual organs or
damage incurred or both
sexual activity, with the aid of a
computer system, for favor or
Consideration.
2. CHILD PORNOGRAPHY - The unlawful
or prohibited acts defined and punishable by Applies the penalty for violation of RA 9775,
Republic Act No. 9775 or the Anti-Child with one degree higher if committed
Pornography Act of 2009, committed thru ICT
through a computer system.
3. LIBEL – The unlawful or prohibited acts of
libel, as defined in Article 355 of the
P6,000.00 up to the
Revised Penal Code, as amended, Prison
maximum amount
committed through a computer system or Correctional in
determined by Court, or
any other similar means which may be its maximum
both, in addition to the civil
devised in the future. Provided, that this period to Prison
action which may be
provision applies only to the original Mayor in its
brought by the offended
author of the post or online libel, and not minimum period
party.
PUNISHABLE ACTS
OTHER CYBERCRIME OFFENSES
ACT IMPRISONMENT FINE
1. AIDING OR ABETTING IN THE COMMISSION
OF CYBERCRIME.
one (1) degree
lower than that of at least P100,000.00 but
the prescribed not exceeding P500,000.00
2. ATTEMPT TO COMMIT CYBERCRIME
penalty for the or both
offense
WHAT IS A CYBERCRIME WARRANT?
Cybercrime warrants are judicial orders that involve the following
acts relevant to computer data:
• The keeping of data that is protected from deterioration
• Disclosure of confidential data or information
• Monitoring and listening of the content of communications
• Search, seizure, and/or examination
• Custody and destruction of computer data
These are in connection with Republic Act RA No. 10175 which also
known as the “Cybercrime Prevention Act of 2012”
What are 1
the 4
cybercrime
warrants
[A.M. No.
17-11-03-
SC]?
Actual draft of a WDCD as per SC
Rules on Cybercrime Warrants
What are 2
the 4
cybercrime
warrants
[A.M. No.
17-11-03-
SC]?
Actual draft of a WICD as per SC
Rules on Cybercrime Warrants
What are 3
the 4
cybercrime
warrants
[A.M. No.
17-11-03-
SC]?
Actual draft of a WSSECD as per
SC Rules on Cybercrime Warrants
What are 4
the 4
cybercrime
warrants
[A.M. No.
17-11-03-
SC]?
Actual draft of a WECD as per SC
Rules on Cybercrime Warrants
SEC. 14. Disclosure of Computer
Data.
— Law enforcement authorities,
upon securing a court warrant,
shall issue an order requiring any
person or service provider to
disclose or submit subscriber’s
information, traffic data or
relevant data in his/its
possession or control within
seventy-two (72) hours from receipt
of the order in relation to a valid
complaint officially docketed and
assigned for investigation and
the disclosure is necessary and
relevant for the purpose of
HOW LONG ARE CYBERCRIME WARRANTS VALID?
Section 2.5. Effective Period of Warrants. – Any
warrant issued under this Rule shall only be effective
for the length of time as determined by the court,
which shall not exceed a period of ten (10) days from its
issuance.
The court issuing the warrant may, upon motion,
extend its effectivity based only on justifiable reasons
for a period not exceeding ten (10) days from the
expiration of the original period.
LAW ENFORCEMENT AGENCIES
CYBERCRIME INVESTIGATION AND COORDINATION CENTER
(CICC)
Under the administrative supervision of the OFFICE OF THE
PRESIDENT, for policy coordination among concerned agencies and
for the formulation and enforcement of the national cybersecurity
plan.
Composition
1.Executive Director of the Information and Communications
Technology Office under the Department of Science and
Technology (ICTO-DOST) as CHAIRPERSON
2. Director of the NBI as VICE CHAIRPERSON;
3. Head of the DOJ Office of Cybercrime; and
4. one (1) representative from the PRIVATE SECTOR and ACADEME
The CICC shall be manned by a SECRETARIAT of selected existing
personnel
and representatives from the different participating agencies.
DOJ – OFFICE OF CYBERCRIME (OOC)
Is an office within the DOJ created under RA 10175
and Is designated as the CENTRAL AUTHORITY in all
matters relating to international mutual assistance and
extradition for cybercrime cases.
The OOC is also tasked to monitor and review
cybercrime and cyber-related cases being handled by the
NBI and PNP.
NATIONAL BUREAU OF INVESTIGATION (NBI)-
CYBERCRIME DIVISION (CCD)
The NBI-CCD is tasked to investigate all cyber
related crimes punishable under RA 10175 and
related laws, and to establish and maintain and
Incident Response Team and Digital Forensic Section that
will be responsible for responding to the current and
emerging cyber threats and conducting digital forensic
examination and analysis.
PNP – ANTI CYBERCRIME GROUP
The PNP-ACG investigates all cybercrimes and other
crimes in which information and Communications
technology (ICT) is used in the commission of the criminal
acts or the objects of attack, conduct data recovery
and forensic analysis on all computer, computer
peripherals and storage devices, and other digital
evidence seized by the PNP units and any other law
enforcement agencies within the country.
FLOW CHART OF A
CYBERCRIME
File/report INVESTIGATION
Follow incident
response Prosecution
cybercrime with procedure’ Submit Possible Inquest?
DOJ/OOC/PNP/NBI post-operation
report to OOC
Contact reporting Conduct initial Attend Hearing
party for additional Any digital forensics/forensics
information evidence preview
seized/found?
Submit Additional
Gather Evidence Apply for SW, File inquest Evidence
search and seizure;
submit pre-
operation report to Conduct full
Direct
Conduct Physical OOC forensics
Filing
surveillance and
gather additional Are info sufficient
evidence for Search Follow forensic
Warrant? procedures Inquested?
Chapter 2
PHILIPPINE ENVIRONMENTAL LAWS
What is Environmental Law?
Environmental law, also known as environmental
and natural resources law, is a collective term
describing the network of treaties, statutes,
regulations, common and customary laws addressing the
effects of human activity on the natural environment.
The core environmental law regimes
address environmental pollution. A related but distinct
set ofprinciples,
regimes,
legal regulatory
now strongly influenced
focus on by
the management
of specific natural
environmental
resources, such as forests, minerals, or
fisheries.
WHAT DO ENVIRONMENTAL LAWS REGULATE?
1. Air Quality
2. Water Quality
3. Waste Management
4. Contaminant Cleanup
5. Chemical Safety
6. Hunting and fishing
7. Major environmental legislation
THIS CHAPTER WILL FOCUS ON THE PUNISHABLE
ACTS UNDER THESE PH ENVIRONMENTAL LAWS:
1. Presidential Decree 1586: Philippine Environmental Impact Statement System 1978
2. Republic Act 8749: Clean Air of 1999
3. Republic Act 9275: Clean Water Act of 2004
4. Republic Act 6969: Philippine Toxic Substances and Hazardous and Nuclear Waste Act
(1990)
5. Republic Act 9003: Philippine Ecological Solid Waste Management Act of 2000
6. Republic Act 9729: Climate Change Act of 2009
7. Republic Act 9512: Environmental Awareness and Education Act of 2008.
8. Republic Act 8550 : Fisheries Code of 1998
PRESIDENTIAL DECREE 1586 ENVIRONMENTAL IMPACT
STATEMENT (EIS) STATEMENT OF 1978
Section 4 of P.D. 1586 states that "No
person, partnership or corporation shall
undertake or operate any such declared
environmentally critical project or area without
first securing an Environmental Compliance
Certificate issued by the President or his duly
authorized representative."
ENVIRONMENTAL
COMPLIANCE CERTIFICATE-
is a document issued by
the DENR/EMB after a
positive review of an ECC
application, certifying that
based on the
representations of
the proponent, the proposed
project or undertaking has
complied with all the
requirements of the EIS
System and has
committed to implement
its approved
Environmental Management
Plan, EMP to address
What if my project is NOT
considered as ENVIRONMENTALLY
CRITICAL?
All other projects, undertakings
and areas not declared by the
President as environmentally
critical shall be considered as
non-critical and shall not be
required to submit an
environmental impact statement.
SECTION 9. PENALTY FOR VIOLATION. Any person,
corporation or partnership found violating Section 4 of this
Decree, or the terms and conditions in the issuance of
the Environmental Compliance Certificate, or of the
standards, rules and regulations issued by the National
Environmental Protection Council pursuant to this Decree
shall be punished by the suspension or cancellation of
his/its certificate or and/or a fine in an amount not to
exceed Fifty Thousand Pesos (P50,000.00) for every violation
thereof, at the discretion of the National Environmental
Protection Council
PENALTY FINE
Suspension or cancellation of Not exceeding 50K for every
his/its certificate violation
REPUBLIC ACT 8749: CLEAN AIR OF 1999
SECTION 45. VIOLATION OF STANDARDS FOR
STATIONARY SOURCES. - For actual exceedance of
any pollution or air quality standards under this Act
or its rules and regulations, the Department,
through the Pollution Adjudication Board (PAB),
shall impose a fine of not more than One hundred
thousand pesos (P100,000.00) for every day of
violation against the owner or operator of a
stationary source until such time that the standards
have been complied with.
"Stationary source" means any building or immobile structure,
facility or installation which emits or may emit any air
FINE
WILLFUL Not more than One hundred
thousand pesos (P100,000.00)
for every day of violation
NEGLIGENT first time offender's ability to pay
may
likewise be considered by the PAB
Must be equivalent to one-half of
the fine for willful violation
Fine will be increased by at least ten percent (10%), every three (3) years to
compensate for inflation and to maintain the deterrent function of such fines.
+
Closure, suspension of development, construction, or
operations of the stationary sources until such time that
proper environmental safeguards are put in place.
3rd offense- immediate closure of facility
SECTION 46. VIOLATION OF
STANDARDS FOR MOTOR
VEHICLES. - No
motor vehicle shall be
registered
with the DOTC unless
it meets the emission
standards set by the
Department as provided
in Sec. 21 hereof.
Any vehicle suspected
of violation of
emission standards
through visual signs,
such as, but not limited to
smoke-belching, shall be
subjected to an emission
The DOTC or its authorized testing center
shall establish a roadside inspection system
NO VIOLATION- immediate release of the
vehicle
VIOLATION- Continued custody of the
impounded vehicle unless penalties are paid
+
License plate surrendered unless vehicle is
repaired + Owner will be given a PASS valid
for a period not exceeding seven (7) days to
give way for repairs.
+
Driver and operator of the apprehended
vehicle shall undergo a seminar on pollution
control management
SECTION 46. VIOLATION OF STANDARDS FOR MOTOR VEHICLES
FINE
1st offense Not to exceed P2,000.00
2nd offense P2,000- P4,000
3rd offense one (1) year suspension of the
Motor Vehicle Registration (MVR)
not less than P4,000.00 and not
more than P6,000.00
ACT
PENALTY AND FINE
VIOLATION OF SECTION 21 (Pollution from Motor Vehicles) - Not less than P30,000.00 or
with regard to NATIONAL INSPECTION and cancellation of license of both the
MAINTENANCE technician and the center, or both
PROGRAM, including technicians and facility compliance.
VIOLATIONS OF ALL OTHER PROVISIONS not less than P10,000 but not more
than P100,000 or 6 months to
6 years imprisonment or both shall
be imposed
GROSS VIOLATIONS
(a) 3 or more specific offenses within a period of one (1)
year;
(b)3 or more specific offenses with three (3) consecutive Imprisonment of not less than six (6)
years; years
but not more than ten (10) years
(c)blatant disregard of the orders of the PAB, such s but
not limited to the breaking of seal, padlocks and other
similar devices, or operation despite the existence
of an order for closure, discontinuance or cessation
of operation; and
REPUBLIC ACT 9275: CLEAN
WATER ACT OF 2004
SECTION 27. PROHIBITED ACTS
a. Discharging, depositing or causing
to be deposited material of any kind
directly or indirectly into the water
bodies or along the margins of any
surface water, where, the same shall be
liable to be washed into such surface
water, either by tide action or by storm,
floods or otherwise, which could cause
water pollution or impede natural flow
in the water body;
b. Discharging, injecting or
allowing to seep into the soil or
sub-soil any substance in any
form that would pollute
groundwater.
c)Operating facilities that
discharge regulated water pollutants
without the valid required permits or
after the permit was revoked for any
violation of any condition therein;
d)Disposal of potentially
infectious medical waste into sea water
by vessels unless the health or safety of
individuals on board the vessel is
threatened by a great and imminent
peril;
e)Unauthorized transport or
dumping into sea waters of sewage
sludge or solid waste as defined under
Republic Act No.9003;
f) Transport, dumping or discharge of
prohibited chemicals, substances or
pollutants listed under Republic Act
No.6969;
g)Operate facilities that discharge or
allow to seep, willfully or through
gross negligence, prohibited
chemicals, substances or pollutants listed
under R. A. No. 6969 into water bodies or
wherein the same shall be liable to be
washed into such surface, ground,
coastal, and marine water;
h)Undertaking activities or
development and expansion of projects,
or operating wastewater/sewerage
facilities in violation of Presidential
Decree. No.1586 and its implementing
rules, and regulations
i) Discharging regulated water pollutants
without the valid required discharge permit
pursuant to this Act or after the permit was
revoked for any violation of condition
therein;
j)Non-compliance of the LGU with
the Water Quality Framework and
Management Area Action Plan. In such a
case, sanctions shall be imposed on the
local government officials concerned;
k)Refusal to allow entry, inspection
and monitoring by the Department
in accordance with this Act;
l) Refusal to allow access by the
Department to relevant reports and records
in accordance with this Act;
m)Refusal or failure to submit
reports whenever required by the
Department in accordance with this Act;
n)Refusal or failure to designate
pollution control officers whenever
required by, the Department in
accordance with this Act; and
o)Directly using booster pumps in
the distribution system or tampering with
the water supply in such a way as to
alter or impair the water quality
SECTION 28. FINES, DAMAGES AND PENALTIES
ACT
PENALTY AND/OR FINE
VIOLATION OF ANY OF THE PROVISION of this Act or its IRR not less than P10,000.00 nor more
than P200,000.00 for every day of
violation.
Closure, suspension of development
or
construction, or cessation of operations,
+ appropriate disconnection of water
supply until requirements are complied
FAILURE TO UNDERTAKE CLEAN-UP OPERATIONS, willfully, Imprisonment of not less than 2 years
or through gross negligence and
not more than four 4 years
+ fine not less than P50,000.00
and not more than P100,000.00 per
ACT
PENALTY AND/OR FINE
If results in SERIOUS INJURY OR LOSS OF LIFE AND/OR Imprisonment of not less than 6 years
IRREVERSIBLE WATER CONTAMINATION of surface, ground, and one day and not more than 12
coastal and marine water years
+ fine of P500,000.00 per day for
each day during which the
omission and/or contamination
continues
GROSS VIOLATIONS
a)deliberate discharge of toxic pollutants identified Fine of not less than P500,000.00 but
pursuant to Republic Act No.6969 in toxic amounts; not more than P3,000,000.00 per day
for each day of violation or
b) five {5) or more violations within a period of two (2) imprisonment of not less than 6 years
years; or but not more than 10 years, or both
c)blatant disregard of the orders of the PAB, such as
the non- payment of fines, breaking of seals or
operating despite the existence of an order for closure,
discontinuance or cessation of operation.
REPUBLIC ACT 6969: PHILIPPINE TOXIC SUBSTANCES
AND HAZARDOUS AND NUCLEAR WASTE ACT (1990)
The provisions of this Act shall cover the
importation, manufacture, processing,
handling, storage, transportation, sale,
distribution, use and disposal of all
unregulated chemical substances and
mixtures, including entry ,transit, storage
and disposal of hazardous and nuclear
wastes into the country for whatever purpose.
Section 13. Prohibited Acts.
a)Knowingly use a chemical substance
or mixture which is imported,
manufactured, processed or distributed
in violation of this Act or implementing
rules and regulations or orders;
b)Failure or refusal to submit
reports, notices or other
information, access to records, as
required by this Act, or permit
inspection of establishment where
chemicals are manufactured,
processed, stored or otherwise held;
c)Failure or refusal to comply with
the pre-manufacture and pre-
importation requirements; and
d)Cause, aid or facilitate, directly
or indirectly, in the storage,
importation, or bringing into
Philippines territory, including its
maritime economic zones, even in
transit, either by means of land, air
or sea transportation or otherwise
keeping in storage any amount of
hazardous and nuclear wastes in
any part of the Philippines.
SECTION 14. CRIMINAL OFFENSES AND PENALTIES.
ACT
PENALTY AND/OR FINE
VIOLATION OF Sec 13 par A to C Imprisonment of 6 months and one day
to 6 years and one day and a fine
ranging from P600.00 to P4,000.00 +
No probation
If committed by a FOREIGNER
Barred and deported after serving
If committed by a PARTNERSHIP, CORPORATION, sentence
ASSOCIATION OR ANY JURIDICAL PERSON, THE PARTNER,
PRESIDENT, DIRECTOR OR MANAGER Liable as co-principal
If offender is a GOVERNMENT OFFICIAL OR EMPLOYEE
Automatically dismissed from office
and permanently disqualified from
holding any elective or appointive
position
ACT
PENALTY AND/OR FINE
VIOLATION OF Sec 13 par D Imprisonment of 12 yrs and one day to
20 yrs and a fine ranging from
P600.00 to P4,000.00 + No probation
If committed by a FOREIGNER Barred and deported after serving
sentence
If committed by a PARTNERSHIP, CORPORATION,
ASSOCIATION OR ANY JURIDICAL PERSON, THE PARTNER, Liable as co-principal + exemplary
PRESIDENT, DIRECTOR OR MANAGER damage of at least P500,000.00
If offender is a GOVERNMENT OFFICIAL OR EMPLOYEE
Automatically dismissed from office
and permanently disqualified from
holding any elective or appointive
position
+
confiscation and forfeiture in favor of the Government of the
proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels, and aircrafts used
in or with which the offense was committed.
REPUBLIC ACT 9003: PHILIPPINE ECOLOGICAL
SOLID WASTE MANAGEMENT ACT OF 2000
This Act makes provision for the efficient solid
waste management, for the volume reduction of
the waste, its environment friendly disposal,
composting, recycling, re- use, recovery, green
charcoal process; for the collection, treatment
and disposal in environmentally sound solid
waste management facilities whereas it shall be
possible to correctly dispose the proper
segregation, collection, transport, storage, treatment
and disposal of solid waste.
REPUBLIC ACT 9729: CLIMATE CHANGE ACT OF
2009
The Act acknowledges the Philippines'
vulnerability to climate change and the
need for appropriate adaptation. It creates
a comprehensive framework for systematically
integrating the concept of climate change.
REPUBLIC ACT 9729: CLIMATE CHANGE ACT OF
2009
The Act acknowledges the Philippines'
vulnerability to climate change and the
need for appropriate adaptation. It creates
a comprehensive framework for systematically
integrating the concept of climate change.
The Act establishes the Climate Change Commission
as the sole policy-making body within government,
which overseas, co-ordinates and evaluates climate
change policies and plans. The commission is
established under the Office of the President
(abolishing the Presidential Task Force on Climate
Change, established in 2007) and has a diverse
advisory board composed of government ministries and
agencies.
The Act requires the Commission to draft several
policies:
-A National Climate Change Framework, as a basis
for research and action planning
- A detailed National Climate Change Action Plan
REPUBLIC ACT 9512: ENVIRONMENTAL
AWARENESS AND EDUCATION ACT OF 2008
Section 1. Title. - This Act shall be known as the
"National Environmental Awareness and Education Act
of 2008"
•Section 3. Scope of
Environmental Education. – The
Department of Education
(DepEd), the Commission on Higher
Education (CHED), the Technical
Education and Skills
Development Authority (TESDA),
the Department of Social
Welfare and Development
(DSWD), in coordination with
the Department of Environment
and Natural Resources (DENR), the
Department of Science and
Technology (DOST) and other
relevant agencies, shall integrate
environmental education in its
school curricula at all levels,
whether public or private,
including in barangay daycare,
preschool, non-formal,
technical vocational, professional
level, indigenous learning and out-
•Section 4.
Environmental Education and
Activities as Part of National
Service Training Program. -
The CHED and the TESDA
shall include environmental
education and
awareness programs and
activities in the National
Service Training Program
under Republic Act No. 9163,
as part of the Civic Welfare
Training Service
component required for all
baccalaureate degree courses
and vocational courses with a
curriculum of at least two (2)
years.
REPUBLIC ACT 8550 : FISHERIES CODE OF 1998
(amended by RA 10654)
It is a declared policy to limit access to the fishery and
aquatic resources of the Philippines for the exclusive
use and enjoyment of all citizens, including women
and youth sectors. Another principle of policy is
the protection of municipal fishermen.
Punishable Acts
Section 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities
Section 87. Poaching in Philippine Waters
Section 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity
Section 89. Use of Fine Mesh Net
Section 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas
Section 91. Ban on Coral Exploitation and Exportation
Section 92. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat
Section 93. Illegal Use of Superlights
Section 94. Conversion of Mangroves
Section 95. Fishing in Overfished Area and During Closed Season
Section 96. Fishing in Fishery Reserves, Refuge and Sanctuaries
Section 97. Fishing Or Taking of Rare, Threatened or Endangered Species
Section 98. Capture of Sabalo and Other Breeders/Spawners
Section 99. Exportation of Breeders, Spawners, Eggs or Fry
Section 100. Importation or Exportation of Fish or Fishery Species
Section 101. Violation of Catch Ceilings
Section 102. Aquatic Pollution
Section 104. Commercial Fishing Vessel Operators Employing
Unlicensed Fisherfolk or Fishworker or Crew
Section 105. Obstruction of Defined Migration Paths
Section 106. Obstruction to Fishery Law Enforcement Officer
Section 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries
Activities-
No person shall exploit, occupy, produce, breed, culture, capture or gather
fish, fry or fingerlings of any fishery species or fishery products, or engage
in any fishery activity in Philippine waters without a license, lease or permit.
Section 87. Poaching in Philippine Waters. - It shall be unlawful for any
foreign person, corporation or entity to fish or operate any fishing vessel
in Philippine waters.
Poaching- illegally hunt or catch (game or fish) on land that is not one's own or in
contravention of official protection.
Section 88. Fishing Through Explosives, Noxious or Poisonous Substance,
and/or Electricity- It shall be unlawful for any person to catch, take or
gather or cause to be caught, taken or gathered, fish or any fishery
species in Philippine waters with the use of electricity, explosives, noxious
or poisonous substance such as sodium cyanide in the Philippine fishery
areas, which will kill, stupefy, disable or render unconscious fish or
fishery species:
Section 89. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing
using nets with mesh smaller than that which may be fixed by the
Department: Provided, That the prohibition on the use of fine mesh net
shall not apply to the gathering of fry, glass eels, elvers, tabios, and
alamang and such species which by their nature are small but already
mature to be identified.
Section 90. Use of Active Gear in the Municipal Waters and Bays and Other
Fishery Management Areas. - It shall be unlawful to engage in fishing in
municipal waters and in all bays as well as other fishery management
areas using active fishing gears as defined in this Code.
Section 91. Ban on Coral Exploitation and Exportation. - It shall be unlawful
for any person or corporation to gather, possess, sell or export ordinary
precious and semi-precious corals, whether raw or in processed form,
except for scientific or research purposes.
Section 92. Ban on Muro-Ami Other Methods and Gear Destructive to Coral
Reefs and Other Marine Habitat. - It shall be unlawful for any person,
natural or juridical, to fish with gear method that destroys coral reefs,
seagrass beds, and other fishery marine life habitat as may be
determined by the Department. "Muro-Ami" and any of its variation, and
such similar gear and methods that require diving, other physical or
mechanical acts to pound the coral reefs and other habitat to entrap,
gather or catch fish and other fishery species are also prohibited
Section 93. Illegal Use of Superlights. - It shall be unlawful to engage in
fishing with the use of superlights in municipal waters or in violation of
the rules and regulations which may be promulgated by the
Department on the use of superlights outside municipal waters.
Section 94. Conversion of Mangroves. - It shall be unlawful for any
person to
convert mangroves into fishponds or for any other purposes
Section 95. Fishing in Overfished Area and During Closed Season. - It shall
be unlawful to fish in overfished area and during closed season.
Section 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall
be unlawful to fish in fishery areas declared by the Department as
fishery reserves, refuge and sanctuaries.
Section 97. Fishing Or Taking of Rare, Threatened or Endangered Species. - It
shall be unlawful to fish or take rare, threatened or endangered species
as listed in the CITES and as determined by the Department.
Section 98. Capture of Sabalo and Other Breeders/Spawners. - It shall
be unlawful for any person to catch, gather, capture or possess
mature milkfish or "sabalo" and such other breeders or spawners of
other fishery species as may be determined by the Department:
Provided, That catching of "sabalo" and other breeders/spawners for
local breeding purposes or scientific or research purposes may be
allowed subject to guidelines to be promulgated by the Department.
Section 99. Exportation of Breeders, Spawners, Eggs or Fry. - Exportation
of breeders, spawners, eggs or fry as prohibited in this Code shall be
punished by imprisonment of eight (8) years, confiscation of the same
or a fine equivalent to double the value of the same, and
revocation of the fishing and/or export license/permit.
PADAYON DAHIL RCRIM KA NA SOON!